Thank you for your letter dated 21 April 2009 to the Home Secretary regarding the Committee's conclusions on the rights of Gurkhas to settle in the UK. The Home Secretary has asked me to respond on her behalf.

  I am pleased to be able to inform you that we have today announced the publication of the Government's revised policy for considering applications for settlement from former members of the Brigade of Gurkhas, by way of a Written Ministerial Statement in the House of Commons.

  In 2004, the right to settle in the United Kingdom was given to Gurkhas who had been discharged from the British Army on or after 1 July 1997. This was the date of the handover of Hong Kong from Britain to China and the point at which the Brigade of Gurkhas moved their headquarters from Hong Kong to the United Kingdom.

  In September 2008 the High Court agreed that the Government's recognition of the change in location of the regiment's base in its approach to settlement rights for Gurkhas was appropriate. However, they judged that the guidance used by caseworkers when making decisions on those discharged before 1997 needed to be much clearer in setting out the factors which were to be given weight in assessing which individuals should be offered settlement in the UK.

  The guidance has now been revised and is available on the UK Border Agency website. In considering changes to the guidance, we have taken on board not only the letter of what the judge said in this case but also the spirit of his judgment. The new guidance will ensure that those who have given outstanding service will be entitled to settle in the UK. In summary, under the terms of the guidance, Gurkhas and their families will be able to come to the UK to settle where they meet one of the following criteria:

—  three years' continuous lawful residence in the UK during or after service; Close family settled in the UK with whom they enjoy family life within the meaning of Article 8 of the European Convention on Human Rights (ECHR);

—  a Level 1-3 Award for gallantry, leadership or bravery for service in the Brigade;

—  20 or more years' service in the Brigade; or

—  a chronic/long term medical condition which is attributable to, or was aggravated by, service in the Brigade.

  Additionally, discretion will normally be exercised and settlement in the UK granted if two or more of the following criteria are met:

—  claimants were previously awarded a UK Ministry of Defence disability pension but no longer have a chronic/long term medical condition attributable to, or aggravated by, service in the Brigade;

—  claimants received a Mention in Dispatches (Level 4 Award) for service in the Brigade; and

—  claimants completed 10 years service in the Brigade or served less than 10 years but received a campaign medal for active service in the Brigade.

  We estimate that this guidance will mean that over 4,000 ex-Gurkhas and around 6,000 spouses and children will qualify for settlement rights in the UK. We will be proud to welcome those individuals to the UK in recognition of the outstanding service that they gave. We will work with the Ministry of Defence to ensure that those who might be eligible in Nepal are fully aware of these changes and of the opportunity for settlement.

  Turning specifically to the conclusions of the Committee outlined in your letter:

  1.  The Government both recognises and honours the huge contribution that the Brigade of Gurkhas has made, and continues to make, to the Armed Forces, This contribution is chiefly recognised through the arrangements made to support Gurkhas following their discharge. Gurkhas complete their service at the age of 33 and from that time and for the rest of their life they receive a pension which allows for a very good standard of living in Nepal.

  2.  The Courts agreed that the 1997 cut-off date for Gurkhas to receive automatic settlement in the UK was sound. Until 1997 the Brigade of Gurkhas was based in Hong Kong. Under the Immigration Rules and as a matter of immigration policy more generally, the granting of permission to stay permanently is normally linked to an extended period living in the UK or the presence of close family here.

  3.  The Court found that the circumstances of Far-East based Gurkhas were not analogous with those of Commonwealth citizens serving in HM Force pre-July 1997. I do not believe that the Gurkhas have been treated unfairly.

  4.  We have not been required by the Courts, nor given any suggestion that the right to settle permanently in the UK would be offered to every former member of the Brigade of Gurkhas. I believe that the new policy is fair.

  In line with our commitment to the Courts we will now reconsider all outstanding appeals by 11 June 2009.

24 April 2009